(A) Any person, firm or corporation who violates any provision of this code for which another penalty is not specifically provided shall, upon conviction, be subject to the following:
(1) A fine not exceeding $2,500 for the first violation; and
(2) A fine not exceeding $7,500 for the second and subsequent violation except for violation of an ordinance regulating traffic and parking.
(B) A separate violation shall be deemed committed upon each day during which a
violation occurs or continues.
(C) (1) Any person required by §§ 52.001 through 52.015 to install a building sewer and connect the same to a public sanitary sewer of the town who fails to do so consistent with the notice provisions of § 52.003(G) shall be required to pay to the town a civil fine of $500. Additionally, any such person failing to install and connect such building sewer to the public sanitary sewer within the 90-day notice provision aforedescribed shall immediately, from and after the passage of said 90 days, become liable and responsible for the sewage rate charges established by the town’s sewer rate ordinance as would pertain to unmetered properties. The assessment of such sewer charges shall continue for each month from and after the commencement thereof until such time as the building sewer is properly installed and connected to the public sanitary sewer consistent with the provisions of §§ 52.001 through 52.015. Any person failing to pay the $500 civil fine herein stated, or failing to pay the sewer charges herein recited, shall be subject to all rights and remedies of the town pertaining to failure to pay sewage charges, to include interest, penalties, attorney fees, and other costs of collection, all as set forth in the town’s sewer rate ordinance.
(2) Any person found to be violating any provision of §§ 52.001 through 52.015 shall be served by the town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. In addition, the offender, upon conviction, shall be subject to a civil fine of up to $500 for each violation with each day of violation constituting a separate offense.
(3) Any person who shall continue any violation beyond the time limit provided for in divisions (B)(1) or (B)(2) above shall be guilty of a further violation and on conviction thereof shall be fined in an amount not exceeding $2,500 for each such violation. Each day in which any violation shall continue shall be deemed a separate offense under this division (B)(3). For any continuing violation, the town shall also be entitled to an injunction against the violator for the actions involved along with a shutoff order allowing the town to shutoff the violator’s supply of municipal water from the town until all violations cease and are corrected.
(4) Any person violating any of the provisions of §§ 52.001 through 52.015 shall be liable to the town for any expense, loss, or damage occasioned by the town by reason of such violation including, but not limited to, the costs and expenses of locating the source of the violation, repairing any damage to the sewage works caused by such violation, attorney fees, court costs, sampling and laboratory costs, engineering fees, administrative time and expense, labor, and all other costs associated with enforcement and compliance with §§ 52.001 through 52.015.
(Prior Code, § 9-72)
(D) The owner of any such property who fails or refuse to have said property inspected after transfer or disconnection pursuant to § 52.042, shall be guilty of an ordinance violation, and upon conviction shall be liable for a fine in the sum of $500 pursuant to division (C)(1) above. Each day a violation continues after written notice to the owner for compliance with § 52.042 shall constitute a separate offense. Additionally, any such person failing to install and connect such building sewer to the public sanitary sewer within 90-day notice aforedescribed, shall immediately, from and after the passage of said 90 days, become liable and responsible for the sewage rate charge established by the town’s sewer rate ordinance as would pertain to unmetered properties.
(F) See § 10.99 for specified, applicable fees.
(Prior Code, § 9-80) (Ord. 1982-7, passed 12-14-1982; Ord. 2009-5, passed 3-10-2009; Ord. 2009-7, passed 9-15-2009; Ord. 2014-17, passed 7-8-2014; Ord. 2017-17, passed 12-28-2017; Ord. 2019-4, passed 7-9-2019)
Statutory reference:
Authority, see I.C. 36-1-3-8(a)(10)